Ebuyer Office Suite - License Agreement

LICENSE AGREEMENT. The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

Ability Software International Ltd. (ABILITY) provides the enclosed computer program suite(The "Program") and licenses its use only on the following terms and conditions. By using the software contained in this package you agree to be bound by the terms of this non-exclusive license. If you do not agree to the terms of this license, please return the unused software and all packaging and accompanying material, along with your receipt, to your point of acquisition within 30 days for a full refund - or follow the 'Returns Procedure' provided by the supplying software dealership or online store.

1. COPYRIGHT

The Program and its related documentation are copyrighted. You may not copy or otherwise reproduce any part or all of the Program or its documentation, except as expressly authorized in this Agreement. You may load the Program into a computer as an essential step in executing the Program on the computer.

2. LICENSE

You may use the Program only on a single computer owned or operated by you for your own internal business or personal purposes. You may transfer the Program from one computer to another which you own or operate. Provided that you do not use or permit the use of the Program on more than one computer at a time no additional licenses will be required. This Program is only Licensed to you with a single use license. You may obtain a site license for commercial or educational use of this Program by payment of additional license fees. Contact ABILITY for details of these additional licenses.

Exception to this:

2.1 You may also install and run the program on a notebook (or second computer) owned by you provided both copies are for your own personal use only.

2.2 You may also install and run the program on an unlimited number of computers owned by you in your home (single primary residence) solely for non-commercial, family use.

2.3 Promotional Distribution License - If this program was supplied in association with a magazine, by internet download or other electronic distribution, or via direct marketing, and you have not been required to purchase it, the above exceptions 2.1 and 2.2 do not apply, and you may only use this program on a single computer owned or operated by you for your own personal purposes.

3. COPIES, MODIFICATIONS OR MERGER

You may not copy or modify all or any portion of the Program or related documentation or merge it into another program, unless expressly authorized in writing by ABILITY. Any portion of the Program that is merged into another program will continue to be subject to the terms and conditions of this Agreement. You must, as a condition of the license, reproduce and include the identifying marks, copyright and proprietary notices on any copy, modification or merged portion of the Program. Copies shall include, without limitations, any complete or partial duplication on any media, adaptations, translations, compilations, partial copies within modifications, mergers with other materials from whatever source, and updated works. If you copy, modify or merge any portion of the Program other than with ABILITY’s express written authorization or if you transfer possession of any copy, modification, or merged portion of the Program to another party, your License is automatically terminated. You may make one machine readable copy of the Program for backup purposes in support of your use of the Program on a single computer pursuant to this Agreement.

4. TERM

The License granted in this Agreement is effective until terminated. You may terminate it at any time by destroying the Program and documentation together with all copies, modifications and merged portions. The License granted in this Agreement will also terminate if you fail to comply with any other terms and conditions of this Agreement. Upon any termination of the License pursuant to this Agreement, you must return the CD-ROM containing the Program and all related documentation and destroy any copies, modifications and merged portions of the Program or any portions of it which have not been returned to ABILITY, including copies resident in computer memory or stores on any other electronic media such as hard drives, optical drives, or backup tapes.

5. PROHIBITION AGAINST REVERSE ENGINEERING

You agree not to "reverse engineer", decompile or disassemble the Program or otherwise reduce it to a human perceivable form, or any portion of it, or to permit such reverse engineering, decompilation or disassembly.

6. LIMITED WARRANTY - 90 DAYS

ABILITY reserve the right to make improvements in the product described in the Help files at any time without notice. ABILITY makes no warranties expressed or implied, with respect to this manufactured material, its quality, merchantability or fitness for any particular purpose. ABILITY does not warrant that the Software will meet your requirements or that its operation will be error free. ABILITY does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. If any defect arises during the 90-day limited warranty on the product itself (i.e. not the software program, which is provided 'as is') return it in its original condition to the point of purchase. Proof of purchase is required in every instance to effect the 90-day warranty. No further warranty is given. ABILITY's maximum liability, under any circumstance, is limited to the license fee paid for the right to use the Software.

THIS LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS.

7. LIMITATION OF REMEDIES

Your exclusive remedy and ABILITY’s entire liability shall be to repair, replace or refund license fees as set forth above. In no event will ABILITY be liable to you for any damages, including without limitation any lost profits, lost savings or other incidental or consequential damages arising out of your use or inability to use the Program or the breach of any express or implied warranty even if ABILITY has been advised of the possibility of such damages. This limitation and exclusion applies irrespective of the cause of action, including but not limited to breach of contract, negligence, strict liability, tort or any other legal theory and shall survive fundamental breach. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In that event any implied warranties are limited in duration to 90 days from the date of purchase of the license.

In no case shall ABILITY’s liability exceed the License Fees paid for the right to use the Program.

8. GENERAL

You may not sub license, assign or transfer the License or the Program. Any attempt to do so shall void the License.

9. DAMAGED DISKS

Should a CD-ROM become damaged within two years after this warranty expires, ABILITY will replace it for a $20.00 US (if purchased in North America) or a £15.00 or equivalent value replacement charge (if purchased outside of North America). To replace a CD-ROM damaged during the warranty term or during the two years following the warranty term you must: (a) Enclose the defective CD-ROM in an envelope; (b) Enclose the receipt showing the date of the purchase of the License; (c) Enclose a cheque for $20.00 US or £15.00; (d) Contact ABILITY using the contact information below to request an address; and, (e) send the envelope to the address provided by ABILITY.

10. U.S. GOVERNMENT

Licenses to the U.S. Government are also subject to Restricted Rights for Commercial Computer Software.

11. ACADEMIC EDITION SOFTWARE

If the Ability Office Product is identified as "Student & Teacher License", "STL", "Education Edition", "Academic Edition" or "AE", you must be a "Qualified Educational User". If you are not you have no rights under this EULA. To determine whether you are a Qualified Educational User or not, please contact ABILITY to verify.

12. SEPARATION OF PARTS OF THE SUITE

Ability Office is licensed as a single product. Its component parts may not be separated for use on more than one computer.

13. ACKNOWLEDGEMENT

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and ABILITY and supersedes any proposal or prior agreement or any other communications between ABILITY and you relating to the use of the Program. If any provision of this Agreement is unenforceable, all other provisions will remain in effect. This Agreement shall be governed by the laws of England and Wales, the courts of which shall have exclusive jurisdiction. If you have any questions regarding this Agreement, you may contact ABILITY as follows:

Tel. or Fax.: +44 (0) 8707 607 307 info@ability.com http://www.ability.com/

If you wish to write to ABILITY use the above contact information to request an address for your correspondence.

14. STATUTE OF LIMITATIONS

No action for any breach of this warranty may be commenced more than one year following the expiration of the warranty period.